Both parents in Florida are legally required to financially support their minor children until their children reach 18 years of age (or no later than 19 years of age if the child is in high school with a reasonable expectation of graduating by the age of 19), marries, joins the Armed Forces, dies or becomes emancipated. Child support is designed to provide the custodial parent with financial assistance to care for a minor child. Child support is not considered income to the recipient and cannot be waived by the custodial parent. The purpose of child support is to assist the custodial parent in providing a home, food, clothing and any other necessity for minor children.
Child support may be established in a divorce, paternity or any other family law case involving children. If a child is born out of wedlock, the mother may seek child support by initiating a Paternity action.
Child support is determined by applying a formula taking into account the parties’ monthly net income, how many minor children the parties’ have in common and any credits entitled to either part that pays child care and/or health insurance costs. This formula is known as Florida’s child support guidelines. Another factor that is considered in calculating the child support guidelines is the number of overnight visits a parent has with the minor child(ren). If one parent has 40% of overnight visits with the minor child(ren), this is considered “substantial shared parenting” and factored into the child support guidelines formula, which will result in a decrease of the amount of child support the non-custodial parent is obligated to pay. While this formula may appear straight forward, there is a legal definition for “income” and you may be surprised as to what that definition encompasses. It’s important to note that just because funds you receive are non-taxable doesn’t necessarily mean it’s not considered income for child support purposes. Mindi Lasley, P.A. represents clients seeking child support as well as those that are a party to a case in which child support is being sought. While child support is required, you want to ensure that you receive the amount of child support that you are entitled to. Likewise, if your child’s other parent is seeking child support, you don’t want to be legally obligated to pay more than what is necessary and you want to ensure that all money paid for the purpose of your child counts towards your child support requirement. Contact the law office of Mindi Lasley, P.A. to schedule a consultation to find out your rights as they relate to child support.
While the judge has some discretion to deviate from the child support guidelines and require more or less child support to be paid, it’s difficult for a judge to order a “departure” from the guidelines by more than 5%. Florida law has numerous factors the judge may consider in determining whether a deviation from the child support guidelines is warranted. Contact the law office of Mindi Lasley, P.A. to determine if you would be entitled to a departure from the child support guidelines.
Child support can be modified by either party in the event that current guidelines differ from the previously established guidelines at least 15% or $50, whichever amount is greater. In order to modify child support, the proper petition must be filed with the court.
Florida only requires that child support be paid until the minor child reaches the age of 18. However, if the child is still in school at the age of 18, child support will continue until the child graduates from school but no later than the child’s 19th birthday. Child support can be terminated earlier in the event the child becomes emancipated, marries or joins the armed forces. Likewise, child support can continue past the child’s 19th birthday in the event the child becomes disabled.
Child support does not include college expenses or tuition. There is no law in Florida requiring parents to pay or contribute to their children’s college expenses. However, if the parties agree to do so in a settlement agreement, then that agreement can be enforced in the event that one of the parents fails to abide by it.
It’s important to note that child support doesn’t automatically terminate when the child turns 18 years of age (or 19 if the child is still in school). Depending on the language used in the Order signed by the judge, you may have to petition the court to terminate the child support once the child is no longer a dependent. Likewise, if you have two children, child support isn’t automatically decreased by one-half when the oldest child reaches the age of 18. It’s important to contact an experienced family law attorney when one of these circumstances arises to ensure compliance with Florida law. Reducing the child support amount without properly petitioning the court could result in being found in contempt of court.
The Department of Revenue, Child Support Enforcement Division, which is represented by the Attorney General’s Office, may bring a claim against a father in the event that the mother of the child has requested such assistance and/or the mother of the child(ren) has received or applied for state aid. Cases brought forth by the Department of Revenue are heard in a separate division from the family law courts that address child support issues only.
Failure to pay court ordered child support can result in a Motion for Contempt being filed against you, and repercussions include, but are not limited to, suspension of your driver’s license, garnishment of your wages and/or tax refund and/or confinement in the county jail.
The non-custodial parent is responsible for the payment of child support upon the separation of the parties. If payment is not made, or is less than the amount the non-custodial parent is responsible for, retroactive child support may be ordered. If court ordered child support becomes delinquent, you will accumulate a child support arrearage which must be paid back with interest.
Mindi Lasley, P.A. is dedicated to representing custodial parents to ensure they get the child support they are entitled. In addition, our firm represents non-custodial parents, in family law cases and child support enforcement cases, to ensure that our clients are not paying more child support than they are legally obligated to pay and are given a credit for all funds they have paid towards child support in the past.